LAWS(DLH)-2007-8-152

VIVEK SHARMA Vs. STATE NCT OF DELHI

Decided On August 31, 2007
VIVEK SHARMA Appellant
V/S
STATE (NATIONAL CAPITAL TERRITORY OF DELHI) Respondents

JUDGEMENT

(1.) Petitioner, Vivek Sharma is an accused in the afore-noted FIR. He seeks bail.

(2.) FIR has been registered on information provided by Ajit Kumar who has been examined ass PW-5. As per the FIR, the complainant Ajit Kumar along with his friends Dhananjay Tiwari, Shiv Kumar Sharma and Siddharth Motwani had left house No.B-88, Gujranwala Town, New Delhi at about 1.10 A.M. in a car (Indica Make) bearing No.DL-3C-AF-3348. When they reached gate No.1 in the colony, two persons in another Indica car bearing No.DL-8C-J-5562 were seen by them at the gate. They were having an altercation with Rohit Kumar, the guard at the gate. As per the complainant, when the complainant and his friends intervened to pacify, the said two persons snatched the lathi from the guard and attacked them. One of the two inflicted a lathi blow on Dhananjay Tiwari and the another inflicted a knife blow on Dhananjay. Thereafter, the person with the knife gave blows to Shiv Kumar Sharma and fled. Dhananjay and Shiv Kumar Sharma were taken to Pentamed Hospital. Leaving the deceased and the injured along with Siddharth Motwani at the hospital, complainant went back to the house at Gujranwala Town and saw that two men had returned to re-possess car No.DL-8CJ-5562. Both were taken into custody at the spot.

(3.) At the outset it may be noted that aforesaid facts leading upto the arrest of the accused persons forms part of the FIR itself.